This appeal under Section 378 (4) Cr.P.C. has been filed by the complainant against the judgment dated 25/02/2006 in C.C.No.921/2001 on the file of the Judicial First Class Magistrate Court-II, Kollam, acquitting the second accused (hereinafter referred as 'the accused') under Section 255 (1) Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act (the Act).

2.The complainant is a Company carrying on the business of manufacture and sale of various home appliances. The 1st accused is also a Company and the 2nd accused, the Executive Director, who according to the complainant was in charge of the affairs of the Company at the time when the offence was committed. The accused purchased certain home appliances from the complainant on credit basis and to discharge the said debt, the accused issued Exts.P2 and P3 cheques dated 31/03/2000 drawn on the Bank of Madura Ltd., Kollam, for an amount of ₹4,32,294.46/- and ₹12,59,368.50/- in favour of the complainant. On 31/03/2000, the complainant presented the aforesaid cheques for collection to their bank, namely, the Citi Bank, Mumbai. The cheques were dishonoured as the account had been closed. The comp